Somaliland decides Domestic election observers' report on the 2017 presidential elections - Saferworld
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R EPO RT Somaliland decides Domestic election observers’ report on the 2017 presidential elections May 2018
Acknowledgements This report was written by Yussuf Ali Hassan, election consultant, with assistance from: Mohamed Ahmed Mohamoud, head of the observation mission; SONSAF’s executive director, Ahmed Abdillahi Duale; SONSAF’s election project coordinator; and Saferworld’s Abdishakur Hassan Kayd, Abdijalil Dahir Afqarshe and Peter Mackenzie. The author would like to acknowledge SONSAF and Saferworld for their input, technical assistance and editing. The work of the presidential election observation mission was supported by the European Commission’s Supporting Electoral and Representative Democracy in Somaliland project, financed through Saferworld. The opinions expressed in this report are those of the author and do not necessarily reflect the views or opinions of the European Commission or Saferworld. © Saferworld and SONSAF, May 2018. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise, without full attribution. Disclaimer: The terms used in this report are based on Somaliland’s existing legal framework. The map of Somaliland used is based on Article 2 of the Somaliland constitution. The use of the terms ‘national’ and ‘country’ to describe existing institutions and electoral processes in Somaliland are subject to Somaliland’s own legal framework, comprising the Somaliland constitution and other national laws.
Contents Foreword i Map of Somaliland ii Executive summary iii Summary of key findings iv Recommendations vi 1. Introduction 1 1.1. Approach and methodology 2 2. Institutional and legal frameworks 8 2.1. Political system 8 2.2. Legal framework 8 2.3. Institutional framework 13 3. Pre-election period 15 3.1. Voter registration 15 3.2. Training and education 18 4. Presidential election period 20 4.1. Election campaigning 20 4.2. Political parties 22 4.3. Breaches and penalties 22 4.4. The media 23 4.5. Voting operations and election day 24 4.6. Verification of results 26 5. Recommendations 31 6. Appendices and bibliography 35 6.1. Appendices 35 6.2. Bibliography 46
Tables and figures Table 1: Summary of DEOMs in Somaliland 3 Table 2: Deployment of observers per region 4 Table 3: Signatories to the code of conduct for the political 12 parties in August 2017 Table 4: Voters registered per electoral region 16 Table 5: Voters registered and collected voting cards 17 Table 6: List of eligible registered voters per region 17 Table 7: List of electoral staff estimates deployed on 18 13 November 2017 Table 8: Summary of civic education activities 19 Table 9: Turnout of valid voters 27 Table 10: Votes cast in the presidential election on 13 Nov 2017 27 Table 11: Percentage of valid votes received per party per region 28 Table 12: Per cent of valid votes per region 28 Table 13: Total votes cast nationally 28 Table 14: Summary of post election general observations 40 Table 15: Summary of critical incident observations 43 Figure 1: Structure of the Domestic Election Observation Mission 5 Figure 2: Votes received per political party per region 29 Acronyms and abbreviations AU African Union Political parties CSOs Civil society organisations Kulmiye Peace, Unity and Development Party DEOM Domestic Election Observation Mission UCID Unity and Welfare Party (United Justice Party) DFID United Kingdom Department for Waddani Somaliland National Party International Development DPU Development Planning Unit EMB Electoral Monitoring Board EU European Union HAVOYOCO Horn of Africa Youth Voluntary Committee IEOM International Election Observation Mission MMC Media Monitoring Committee NAGAAD Network of Women’s Organizations in Somaliland NEC National Electoral Commission NGOs Non-governmental organisations SAYS Somaliland Association for Youth Salvation SCSEF Somaliland Civil Society Election Forum SOLJA Somaliland Journalists Association SONSAF Somaliland Non-State Actors Forum SOSDO Somali for Skills Development Organisation SUNGO Sool United Non-governmental Organisation UCL University College London UK United Kingdom
i Foreword I AM GRATEFUL TO the Somaliland Non-State Actors Forum (SONSAF) and the Somaliland Civil Society Election Forum (SCISEF), and extend special thanks to Mohamed Ahmed Mohamoud, SONSAF’s executive director, Jaffer Mohamed Gadaweyne, SONSAF’s programme coordinator, Ahmed Abdillahi Duale, SONSAF’s election project coordinator, Abdirahman Mohamed Abdilahi, SONSAF’s finance manager, Sharmarke Ismail Idiris, SONSAF’s advocacy and lobbying officer, and Farah Yusuf Hussein, all of whom gave their time and ideas generously. Special thanks go to media consultant Mohamed Abdalla Elmi, statistics consultant Emmanuel Oluka, and their teams – the data entry and analysing units – for their hard work in capturing, analysing, and reporting accurate data throughout the presidential election. I would like to thank civil society organisations, specifically the SCISEF domestic election observers, for their hard work at voter registration centres throughout Somaliland. Special thanks also to the National Electoral Commission, voter registration stake- holders, political parties, government, media, and citizens, for their role in the third direct presidential election process, which resulted in the election held on 13 November 2017. This has proved an impressive achievement at this time in Somaliland and the East Africa region. Special thanks are due to the Government of Somaliland for its timely allocation of funds and to Saferworld, the EU and DANIDA for their continued financial and technical support to voter education on voter registration processes, elections and democratisation processes in Somaliland. Last but not least, I owe great appreciation to Abdishakur Hassan Kayd and Abdijalil Dahir Afqarshe, who managed the Somaliland elections project for Saferworld, for their excellent leadership, contributions, guidance, input and support throughout the process of finalising this report. Sincerely, Mustafe Sa’ad Dhimbil Chairman of SONSAF
ii Map of Somaliland Lawyo Addo DJIBOUTI Zeilla GU L F O F ADEN Las Korey Elayo Maid Karin Heis Hadaftimo Lughaya Badhan Erigavo Bulahar AWDAL Berbera SANAAG SAHIL SOM A L I L A N D Sheikh Borama El Afweyn Hingalool Gabiley HARGEISA Burao Kalabaydh Garadag Odweyne TOGDHEER WAQOYI GALBED Xudun Taleh Salahley Ainabo Balligubadle Duruksi SOOL Balli Dhig ETHIOPIA Buhodle Las Anod SOMALIA Source: Ministry of Planning, Republic of Somaliland.This map is based on international treaties and boundaries inherited by the state of Somaliland upon attainment of independence on 26 June 1960.
iii Executive summary ON 13 NOVEMBER 2017 , 565,617 of Somaliland’s 704,089 registered voters cast their votes in the third direct presidential election held in Somaliland since the reinstitution of political independence in 1991. Some voters began queueing at polling stations as early as 5.30am. The incumbent, President Ahmed Mohamed Mohamoud (Silaanyo) chose not to seek a second term. Muse Bihi Abdi, the candidate of the ruling Kulmiye party, won the majority of the popular vote in an election considered generally fair and credible by domestic and international observers. This election showed that a genuine political culture of peaceful and democratic transfer of power, rarely seen in African politics, has matured in Somaliland. At his inauguration on 13 December 2017, Somaliland’s fifth president and third chosen through direct election shook hands with his predecessor as he took office. The Republic of Somaliland has successfully completed seven direct elections, including: ■ A popular referendum on the ratification of the Somaliland Constitution (2001) ■ Two direct local council elections (2002 and 2012) ■ One direct election for the House of Representatives (2005) ■ Three direct presidential elections (2003, 2010 and 2017) Despite the extension of the president’s term of office for a period of two years and four months due largely to drought and technical issues, this election showed an impressive improvement over past elections in terms of administration and democratisation. This was an election of firsts. It marked the first time that: ■ An incumbent president of Somaliland chose not to seek a second term ■ An African country used iris-recognition technology in its biometric voter registration ■ An incumbent president of Somaliland prohibited the use of government transport and public resources for campaigning ■ An incumbent president of Somaliland produced a decree ordering civil servants not to campaign on behalf of the ruling party ■ An incumbent president of Somaliland produced a decision legitimising the equal use of state radio and television by all political parties contesting the election, including the ruling Kulmiye party and the opposition UCID and Waddani parties ■ A live television debate took place among the three presidential and three vice presidential candidates, greatly enhancing Somaliland’s democratic image ■ The two districts of Xudun and Taleex in Somaliland’s eastern region were able to vote for the first time since the 2001 constitutional referendum
iv SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS After declaring the reinstitution of its independence in 1991, Somaliland successfully managed processes of reconciliation, reintegration and reconstruction. On 31 May 2001, Somaliland’s constitution was ratified through a public referendum, with the support of 97 per cent of over 1.1 million voters. Based on the democratic principles stipulated in the constitution, Somaliland enacted electoral legislation and adopted inclusive policies based on a multi-party democratic system in 2002. The emergence of a constitutional democracy and establishment of institutional frameworks continued, and Somaliland created platforms for the progressive development of democratic processes. This democratisation process has matured through the completion of six democratic elections between 2002 and 2017. All six elections were attended by international observers, who recognised them as fair and representative. This report is the result of a collaboration between the Somaliland Non-State Actors Forum (SONSAF) and the Somaliland Civil Society Election Forum (SCISEF), with support from Saferworld’s Somaliland team. To present a comprehensive understanding of the strengths and weaknesses of the administration of this election, the author conducted a literature review and gathered data before, during and after the election and announcement of results. This report draws upon three main sources of data: the reports returned by 620 domestic election observers; a review of relevant secondary literature; and the DEOM’s monitoring of media and political party performance. This report evaluates the overall presidential election, including the geographic distribution of polling stations, the implementation of election campaigns, the recruit- ment and training of electoral staff, the distribution of election materials, polling day procedures, security, and the announcement of election results. This report is part of the European Union’s technical assistance to Somaliland’s general elections. This report aims to identify and assess electoral gaps in the post-election administrative and planning process. Furthermore, the EU’s technical assistance aims to detect challenges to the election process and maximise election transparency and accountability to pave the way for further elections, by producing recommendations to stakeholders that must be addressed before the next polling day. Summary of Voter registration: Somaliland successfully completed its voter registration process key findings in 2016 and 2017. The voter registration used iris recognition technology to ensure against multiple or fraudulent registration, the first time any country in Africa has done so. The NEC issued a final voter register comprising 704,089 voters verified to participate in the presidential election. Election campaigning: The electoral campaign was peaceful in general. The NEC allocated 21 days for campaigning, with an equal schedule of seven days distributed for the campaign of each of the three national political parties. The political parties respected this timeframe. However, during the campaign period observers noted a number of instances in which parties directly addressed each other using hate speech and tribalist wording.1 Media: This was the first time in Somaliland that the incumbent president issued a presidential decree 2 establishing equal use of state media, namely Radio Hargeisa and national television, among the three national political parties contesting the election. On 12 November 2017, the NEC announced that access to certain social media platforms would be blocked temporarily, starting on 13 November 2017 at 6pm, until the NEC announced preliminary election results. 1 The electoral Code of Conduct for political parties prohibits the use of hate speech and tribalist wording, which encourages voters to vote along tribal affiliations. 2 Somalilandlaw.com, ‘Somaliland Law’, (http://www.somalilandlaw.com/)
SAFERWORLD · SONSAF v Geographical coverage: The election was conducted in all six electoral regions and 21 electoral districts in Somaliland. This was the first time that voter registration and voting took place in Xudun and Taleex of Sool region. Voting operations and election day: Observers’ findings indicated that the necessary election materials successfully reached all polling stations. Polling stations generally opened on time at 7am and the representatives of political parties, electoral staff and security forces were reported present at all polling stations observed. The closure of polling stations across Somaliland was reported to have taken place in a peaceful and orderly manner. In nearly all polling stations the vote counting process was reported to be very good (86 per cent) or good (13 per cent). Both domestic and international observers noted some irregularities, but none serious enough to undermine the credibility of the election. Polling stations: 1,642 polling stations were established across Somaliland. Voting operations did not take place in five polling stations in Maroodi Jeex and Togdheer regions, namely Lo’ka Arroor, Illinta Dhexe, Iskgoyska Sheekh Madar, Qori-Lugud A-2 and Qori-Lugud B-2. The election was not held in three polling stations in Sanaag region, namely Damal Cirbiide, Cali Tima Go-go’ane and Sarmaanyo. A ballot box was placed at the Dheriyo #968-1 polling station in Sanaag region, but no votes were cast on election day. Women and youth: The local observers noted stronger-than-expected participation of women and youth in voting, and that many youth worked effectively as polling station officials. Complaints and appeals: The Waddani political party made several complaints through the media, but did not file them according to formal procedures or legal channels. This led to post-election tensions and eventually riots led by youth in Hargeisa, Burco and Ceerigaabo. The riots continued for about one hour before police forces quelled them, resulting in causalities including four deaths and five people injured. Election insights: This was the first election in which the ruling and opposition parties had equal access to state media channels. It also produced the first-ever presidential debate broadcast live on national television, the first use of iris-recognition technology in an African election, and Somaliland’s first election in which the incumbent president did not stand for re-election. Security: Domestic and international observers both concluded on 15 November 2017 that that the presidential election had been conducted peacefully. Election observation: Domestic and international observers both put out press releases that contained positive initial evaluations of the presidential election. The international election observation mission stated that they had not witnessed irregularities on a scale which would undermine the integrity of the result. SONSAF’s press release on 15 November 2017 stated that “the presidential election held on 13 November 2017 was peaceful and smooth administratively, and at the same time the presidential election was free and fair.”
vi SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS Recommendations Parliament Legal framework: The existing election law 3 is not sufficient with regard to cases involving theft of electoral materials, and includes no penalties for offenses committed by political parties. Therefore, we recommend reforming both this law, which governs presidential and local council elections, and the law on House of Representatives elections,4 to bring them in line with constitutional principles. The electoral code of conduct should also be reformed and penalties applied to political parties for breaches of the code, including failure to use legal channels for election complaints, and/or use of the media to lodge complaints without properly filing them with the NEC. The election law and electoral code of conduct should also address instances of theft of election materials or propaganda against the electoral process by political parties. Voter registration: The custody of the voter register and its periodic updates must be established by law, ideally through reform of the Voter Registration Law.5 Updates to the register should be completed a minimum of 12 months before the next election. We also recommend the separation of voter registration and the civil registration process, because domestic observers reported that there was confusion about the simultaneous registrations which took place in 2016, especially in Togdheer region where voters confused which ID card was supposed to be used on voting day. The DEOM recommends strengthening measures to prevent underage voters from registering. IRIS technology: We recommend that the operation of iris technology be standardised and established under the Voter Registration Law. Government of Somaliland Planning and implementation: The process of planning and implementing election calendars, budgets and financial plans should be part of the national strategic plan. The elections calendar must be published prior to elections and adhered to by all stake- holders. Election postponements: Timely elections should be adopted and insisted upon by all stakeholders. Dates for the House of Elders election process should be determined immediately, as the House of Elders has never undergone direct elections. The House of Representatives election was due on 29 September 2010, but has been delayed three times. Local council elections were due in November 2017 but have been delayed to 2019. All of these postponements are unconstitutional and are against the law. National Electoral Commission Civic and voter education: The NEC’s civic education should use lessons learnt from past interventions in 2016–17. The NEC should improve the content of messages to adequately inform citizens how to participate in elections and pursue complaints through the proper channels established by law rather than violence. Campaign: The NEC should further improve the campaign process, in particular the code of conduct for political parties and regulation of campaign speeches. The electoral code of conduct should be reformed and sanctions imposed on hate speech, tribalism and inflammatory words directed by one party toward another, which risk undermining democratisation processes. 3 Somalilandlaw.com, ‘Law No. 20/2001’ (http://www.somalilandlaw.com/electoral_laws.html#PLCLaw17Eng) 4 Somalilandlaw.com, ‘Somaliland House of Representatives Election Law’ (http://somalilandlaw.com/representatives__ election_law.htm) 5 Somalilandlaw.com, ‘Somaliland Voters’ Registration Law and Regulations' (http://somalilandlaw.com/Somaliland_Voter_ Reg_Law___Regs_2016.pdf)
SAFERWORLD · SONSAF vii Blockage of social media: We recommend that NEC impose no further blockages on social media in the future unless the election laws stipulate such actions and permit the NEC to do so. We recommend that the NEC: ■ Reinforce its commitment to the rule of law and make sure that electoral offences are penalised in accordance with the law. ■ Strengthen dissemination of timely information to the public to discourage the airing of complaints through media without following formal procedures. ■ Consider the consequences of complaints and adopt timely countermeasures before tensions emerge. ■ Strengthen responsibility and accountability for electoral materials, safety, protection and inspection upon dispatching and return. ■ Ensure that all electoral terms are translated into the Somali language and adopted as standard terminologies for elections. National political parties National political parties must show a greater sense of accountability to the rule of law and pursue complaints through the appropriate legal channels established by law. Political parties should recognise that their practices and attitudes can have a rapid and major impact on peace and stability in Somaliland, which can reflect back upon the party itself. Media The media should verify all information received from concerned parties, and should not broadcast false information. It should be accountable for the information it disseminates through news outlets, and perform its work in compliance with the relevant laws and codes of conduct. SONSAF and SCISEF SONSAF and SCISEF should improve their relationship with the NEC to improve access to accurate information on election administration. The minimum information required from the NEC should be clarified ahead of time and requested by SONSAF, including the number of NEC personnel, officials and electoral staff trained and deployed across Somaliland for the election, the number of security forces deployed to all polling stations, and the distribution and return of electoral materials. SONSAF should work on standardising the domestic observation mission’s instruments and tools to ensure that factual information is captured for reporting. International community The international community should consider improving its technical support for elections by investing in theoretical and practical trainings for the government, the NEC and national political parties, in order to decentralise knowledge of elections and their principles in Somaliland.
1 1 Introduction SOMALILAND ’ S 13 NOVEMBER 2017 PRESIDENTIAL ELECTION was held peacefully throughout 21 electoral districts, a significant improvement in geographical coverage compared to the 19 districts of previous elections. The Somaliland Non-State Actors Forum (SONSAF) successfully led the deployment of a Domestic Election Observation Mission (DEOM) through the Somaliland Civil Society Election Forum (SCISEF). This included the selection and training of 620 domestic observers and their deployment to observe election day and post-election processes. By adhering to a code of conduct and ethics, the DEOM committed to neutral and impartial observation of the presidential election. This report presents the findings of the DEOM, and draws upon a literature review, preliminary reports, briefing papers, and press releases issued during the process. Funding for the DEOM was provided by the European Union through Saferworld, which also provided technical support. This report is intended to inform future policies and decisions of the European Union, Saferworld, the Somaliland National Electoral Commission (NEC), the Somaliland government, Somaliland’s political parties, civil society organisations and media, and other donors supporting elections in Somaliland, including DANIDA, DFID and USAID. In the run-up to the presidential election, crowds of supporters gather at Freedom Park in Hargeisa for a rally in support of the ruling party, Kulmiye. Kate Stanworth/Saferworld
2 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS 1.1. Approach Since the inception of domestic election observations in Somaliland, SONSAF, with and the financial and technical support of the EU through Saferworld, has adopted a standard and comprehensive long-term election observation methodology, including methodology standardised questionnaires. This methodology, adapted from EU 6 and AU 7 observation processes, focuses on objective assessment of all aspects and stages of the electoral cycle. It ensures the consistency, accuracy and comprehensiveness of election information, as well as the thorough analysis of information drawn from the observer questionnaires. This approach and methodology connects assessment of the electoral cycle to broader issues of democracy, the rule of law and human rights. SONSAF’s election observation methods include the long-term field presence of domestic election observers, maximising the engagement of civil society, recruitment and training of domestic observers, impartial and independent assessment, non-interference in the electoral process, and cooperation with the NEC, political parties, government and international community. SONSAF ensures openness among all electoral stakeholders including the public by issuing preliminary statements shortly after the completion of each stage of the electoral cycle or in response to outstanding issues. 1.1.1. Somaliland Non- SONSAF was established in 2008 to represent the voices of Somaliland’s CSOs and State Actors Forum other non-state actors. SONSAF provides a formal and legitimate structure through (SONSAF) which non-state actors can engage more effectively with decision makers in govern- ment structures and the international community in support of poverty reduction, democracy, and peacebuilding.8 The NEC accredited SONSAF to take part in the domestic election observation mission in accordance with Article 68 of the Somaliland Presidential and Local Council Elections Law (Law No. 20/2001) as amended in 2017. Supporters of the political party Waddani gather at Freedom Park in Hargeisa in November 2017. Kate Stanworth/Saferworld 6 Election Observation and Democratic Support (2016), ‘Handbook for European Union Election Observation’ (https://eeas.europa.eu/sites/eeas/files/handbook_for_eu_eom_2016.pdf) 7 African Union Commission, ‘African Union Election Observation Manual’ (http://au-elections.org/documents/auob.pdf) 8 SONSAF, ‘Organisational structure’ (http://www.sonsaf.org/about/organizational-structure/index.php)
SAFERWORLD · SONSAF 3 Supporters of the political party UCID gather at Freedom Park in Hargeisa, where the presidential candidate, Faisal Ali Warabe, addressed the crowd. Kate Stanworth/Saferworld 1.1.2. The Somaliland SONSAF’s DEOM initiative started in Somaliland as part of the 2010 presidential Civil Society Election election, with the support of the EU and technical assistance from Saferworld. Forum (SCISEF) SONSAF formed SCISEF in 2012 to increase the engagement of Somaliland’s civil society in the monitoring and observation of voter registration and elections at the regional and national levels. SCISEF is an independent, impartial, and non-partisan electoral observation body that works as long-term observers. Table 1: Summary of DEOMs in Somaliland 2010 presidential 2012 local council 2016/2017 voter 2017 presidential election elections registration election SONSAF directly SONSAF established SCISEF deployed SONSAF/SCISEF deployed 677 trained SCISEF, which 180 DEOs to trained and deployed DEOs.9 deployed 800 DEOs approximately 620 DEOs and to approximately 65 per cent of voter 47 SCISEF members – 50 per cent of polling registration centres 667 in total – covering stations.10 (VRCs). approximately 41 per cent of all polling stations. SONSAF established the organisational structure, management and coordination mechanisms of the 620-member DEOM and launched the SCISEF on 25 November 2015, comprising 88 CSOs. Through SCISEF, SONSAF has engaged civil society and increased its role and space in election processes. SCISEF’s scope and mandate as stated in its terms of reference and code of conduct include: ■ Providing a long-term domestic election observer mission to assess the pre-election, election and post-election periods11 ■ Observing, monitoring, and reporting on election procedures through the use of policy briefings, policy dialogue, and mediation where applicable ■ Engaging with key stakeholders including the NEC, political parties, the government, the media, civil society, the EU, and other local and international actors ■ Assessing the pre-election period, focusing on the legal framework, planning and implementation, training and education and voter registration 9 Makokha J and Ali Y (2013), ‘Somalilanders speak: lessons from the November 2012 local elections’, April, p 2. 10 Kibble S, Walls M (2013), ‘‘Swerves on the road’: Report by International Election Observers on the 2012 local elections in Somaliland’ (London: Progressio). Available at: http://www.progressio.org.uk/sites/progressio.org.uk/files/Swerves-on-the- road-2013.pdf; also available at http://www.somalilandlaw.com/Swerves-on-the-road-2013.pdf 11 Makokha J, Ali Y (2013), ‘Somalilanders Speak, Lessons Learned from the November 2012 Local Elections’, pp. 4; 11, available at http://www.somalilandlaw.com/Somalilanders-speak_-_lessons_from_2012_elections.pdf
4 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS ■ Assessing the extent to which the constitutional and legal frameworks guarantee fundamental freedoms and human rights ■ Assessing the NEC’s impartiality and independence, as well as its freedom of action ■ Ensuring that the electoral system is fairly implemented and that electoral competition is premised on the freedom of association through the existence of political parties ■ Assessing the extent to which access to and use of public resources for campaigning purposes are equitable ■ Reiterating the clearly defined rules for political party funding, and applying the rules impartially in case of violations or attempted violations ■ Checking the extent to which voter education is non-partisan ■ Ensuring that an independent media authority is responsible for monitoring and regulating contesting parties’ and candidates’ equitable access to public media ■ Producing preliminary, impartial reporting on the performance of voter registration and electoral processes through the collection of factual information and documenta- tion, in line with the code of conduct and guidelines outlined in SONSAF’s Electoral Observation and Monitoring Missions.12 1.1.3. Domestic SCISEF convened an 18-member Civil Society National Task Force on Domestic Election election observers Observers to participate in the observer selection process, including setting the recruitment criteria, vetting the selected candidates and monitoring the overall process. SCISEF assisted SONSAF in recruiting 620 domestic election observers (DEOs) and conducting DEO training in each region, to familiarise trainees with: ■ standard electoral cycle stages and instruments ■ the objectives of the DEOM ■ the role of DEOs in accordance with laws and regulations ■ the code of conduct guiding the performance of DEOs ■ the ethics of non-partisan reporting. SONSAF and SCISEF deployed 667 DEOs in six regions containing 21 electoral districts and 1,642 polling stations across Somaliland, 41 per cent of all polling stations operating on election day. Each observer was expected to file 82 general questions and 10 critical questions; in total each observer was to assess 92 questions at his or her assigned polling station. Table 2: Deployment of observers per region # of Final observers People SCISEF Total Polling trained per with roving observers No Region Stations region disabilities observers per region 1 Awdal 234 76 2 12 90 2 Maroodi Jeex 535 232 10 35 277 3 Saaxil 138 53 53 4 Togdheer 319 119 119 5 Sool 207 50 50 6 Sanaag 209 78 78 1,642 608 12 47 667 12 SONSAF’s mission consisted of SCISEF which hosted domestic observers, regional coordinators, the Media Monitoring Unit, Data Analysing Unit and report writing.
SAFERWORLD · SONSAF 5 Sanaag 78 Sool 50 Togdheer 119 Saaxil 53 Maroodi Jeex 277 Awdal 90 0 50 100 150 200 250 300 In addition to their standard reporting, the observers submitted special reports related to critical incidents, which were intended to immediately draw attention to and possibly trigger action over violations of election procedures or laws. The numbers and types of critical incidents that were reported by election observers are detailed in table 15 on page 43. SCISEF trained DEOs before their deployment to the observation mission. During these trainings, DEOs were familiarised with the observation questionnaires, the observers’ code of conduct and the ethics of observation, such as neutrality, impartiality, and non-interference. They were adequately trained not to express any bias or preference in relation to government authorities, political parties, or candidates. Training of domestic observers The training of domestic observers was one-day training conducted simultaneously across all the six electoral regions of Somaliland on 8 November 2017. Figure 1: Structure of the Domestic Election Observation Mission Executive director CSOs National Task Force on Domestic Secretariat: operations team Election Observation Domestic Media Report Data centre observers & Legal Monitoring Writing and regional adviser Unit Unit statistics coordinators Trainers of trainees Domestic Election Observers Saaxil Sanaag M/J Togdheer Sool Awdal regional regional regional regional regional regional forum forum forum forum forum forum
6 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS 1.1.4. The Data Unit SONSAF established an elections data management system and database with external technical support. The system is an open source tool that was tailored to include standard, fact-based, verifiable indicators to gather and analyse election observation data from questionnaires. SONSAF recruited a team of ten personnel to handle the system’s Open Data Kit (ODK). An ODK consultant was placed in the data centre at the SONSAF office and a report writing team participated in sessions held there. The elections data manage- ment system supported the standards of open data. Similar data management for observer missions was recently carried out through the Apollo election system in Nigeria, Uganda, Kenya, Tanzania and Zambia. The approach was as follows: ■ Saferworld and SONSAF trained and deployed 667 short term observers (STOs) on election day, all of whom reported back using coded SMS on opening, polling, closing and counting. ■ All observers agreed to send ten messages at set times throughout the day as they observed the critical components of election day operations, including the set up and opening of polling stations, the polling/voting process, and the counting and declaration of results. ■ Observers used two checklists: a standard checklist to describe the full process from the opening to the closing of polling stations and a second checklist on incident reporting. ■ SMS integration into the election system was complete and functional. ■ The system had a messaging feature that enabled sending bulk SMSs to all observers. ■ The data unit analysed SMS data sent from polling stations and compiled summaries of results within a short period of time. The data management system provided a cheap, efficient and effective means of data collection, verification and analysis that met international standards for election data. Little time was required to release reports on election day, since the reports were received in short intervals from all locations where observers were deployed. The security and integrity of the data was of critical importance, and all information was protected by the server. Only trained observers who were issued with observer IDs could submit reports. The checklists developed and used during the process were within the parameters of procedures and guidelines set by NEC. A capacity building training in Hargeisa, where women campaigners learnt about the electoral cycle, legal structures, communication skills and ethical campaigning practices. Kate Stanworth/Saferworld
SAFERWORLD · SONSAF 7 1.1.5. The Media SONSAF established a two-person Media Monitoring Unit (MMU) headed by a media Monitoring Unit analyst. The MMU monitored media performance on a daily basis, capturing all relevant information related to the voter registration and election, including press releases made by various stakeholders. It collected all information broadcast and published by TV networks, Radio Hargeisa, BBC, VOA, newspapers and online media outlets. On a monthly basis, it summarised and analysed this information to determine positive and negative aspects of the media’s performance, the media’s adherence to the code of conduct (signed by the NEC and the media before the commencement of voter registration) and use of the media by specific actors and political parties. 1.1.6. Post-election SONSAF hosted a one-day consultation workshop on 12 December 2017. Participants consultation workshop included 120 representatives of different electoral stakeholders, including NEC. The objective was to review the post-election environment and gather comments, views and opinions on the election process. Participants were divided into small groups to cover different components of the electoral cycle, and contributed recommendations and lessons learnt.
8 2 Institutional and legal frameworks 2.1. Political SOMALILAND ADOPTED A PRESIDENTIAL SYSTEM IN ITS CONSTITUTION , which system was ratified in 2001. The state is divided into legislative, executive and judicial branches, each of which is independent from the others. Somaliland has local and central governments. It is divided into six regions and 42 districts.13 In 2002, Somaliland introduced a political system based on multiparty democracy.14 The constitution limits the number of political parties to three at one time, as stated in paragraph 2 of Article 9. In order to uphold the unity of the nation, the constitution prohibits any political party to be based on regionalism or clannism. 2.2. Legal SONSAF conducted an extensive review of the existing electoral laws in Somaliland framework to evaluate whether the presidential election of 13 November 2017 was conducted in line with international and regional election standards, including the general principles defined in international treaties and other instruments. This section focuses on electoral boundaries, electoral codes of conduct, electoral management bodies, electoral systems and legislation. 2.2.1. International Article 21, paragraph two of the Somaliland Constitution states: ‘The articles which election standards relate to fundamental rights and freedoms shall be interpreted in a manner consistent with the international conventions on human rights and also with the international laws referred to in this constitution.’ The Universal Declaration of Human Rights (1948) establishes key democratic principles including the central role of genuine elections in conferring legitimacy on the authority of government. It states: ‘The will of the people shall be the basis of the authority of government; this will be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.’ 13 See paragraph 1 of Article 5 of: Somalilandlaw.com, ‘Administrations of Regions and Districts Law No. 23/2002–2007’ (http://www.somalilandlaw.com/local_government_law.htm) 14 Article 9, paragraph 1 of the Somaliland Constitution reads: “The political system of the Republic of Somaliland shall be based on peace, cooperation, democracy and plurality of political parties.”
SAFERWORLD · SONSAF 9 Other legal instruments adopted within the UN system that are relevant to Somaliland’s electoral laws include: Article 25 of the 1966 International Covenant on Civil and Political Rights; Articles 1 and 3 of the 1952 Convention on the Political Rights of Women; Article 5 (c) of the 1965 Convention on the Elimination of All Forms of Racial Discrimination; and Article 7 of the 1979 Convention on Elimination of All Forms of Discrimination against Women; and The General Assembly Resolution on Enhancing the Effectiveness of the Principle of Periodic and Genuine Elections (17 December 1991). 2.2.2. Regional election SONSAF’s assessment looked at instruments adopted by regional organisations such standards as the Organization of African Unity (OAU) and its successor, the African Union (AU). These include the AU’s principles governing democratic elections in Africa,15 which were adopted by heads of state and governments at the 38th Ordinary Session of the OAU on 8 July 2002 in Durban, South Africa – in particular Provision 1.2, and the African Charter on Democracy, Elections and Governance (2007).16 The principles governing democratic elections in Africa, in line with the United Nations High Commissioner for Human Rights,17 state that democratic elections are a fundamental human right: 1) Democratic elections are the basis of the authority of any representative government. 2) Regular elections constitute a key element of the democratisation process, and there- fore are essential ingredients for good governance, the rule of law, the maintenance and promotion of peace, security, stability, and development. 3) The holding of democratic elections is an important dimension in conflict prevention, management, and resolution. 4) Democratic elections should be conducted: a) Freely and fairly b) Under democratic constitutions and in compliance with supportive legal instruments c) Under a system of separation of powers that ensures in particular, the independence of the judiciary d) At regular intervals, as provided for in national constitutions e) By impartial, all-inclusive competent accountable electoral institutions, staffed by well-trained personnel and equipped with adequate logistics These democratic principles are applicable to elections across the African continent, and researchers assessed and observed the extent to which the process of election planning and preparation in Somaliland was in line with the core areas highlighted above. 2.2.3. National election The Somaliland Constitution (2001) is the main source of national election standards standards for Somaliland, and contains provisions stipulating citizens’ fundamental rights. Citizenship is addressed in Article 4, and the political system18 in Article 9, paragraph 1, which states: “The political system of the Republic of Somaliland shall be based on peace, cooperation, democracy and plurality of political parties.” In paragraph 3 of Article 9, the constitution recognises the formation of political parties based on region or clan as unlawful, stipulating: “A special law shall determine the procedures for the 15 African Union, ‘Guidelines for African Union Electoral Observation and Monitoring Missions’ (http://www.achpr.org/files/ instruments/guide-elctions/au_instr_guide_elections_eng.pdf) 16 See EX.CL/91 (V) Annex II of: African Union (2007), ‘African Charter on Democracy, Elections and Governance’ (http://archive.ipu.org/idd-E/afr_charter.pdf) 17 Office of the United Nations High Commissioner for Human Rights, ‘Compilation of documents or texts adopted and used by various intergovernmental, international, regional and subregional organizations aimed at promoting and consolidating democracy’ (http://www2.ohchr.org/english/law/compilation_democracy/ahg.htm) 18 Paragraph 2 of the Somaliland constitution reads: “The number of political parties in the Republic of Somaliland shall not exceed three”.
10 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS Workers at a call centre for the Domestic Election Observers Mission in SONSAF’s office, Hargeisa. Kate Stanworth/Saferworld formation of a political party, but it is unlawful for any political party to be based on regionalism or clannism.” Paragraph 2 of Article 9 also limits the number of political parties to three. Article 8 of the constitution contains provisions for the equality of citizens under the law. Article 21 provides for the implementation and interpretation of fundamental rights and freedoms as constitutional duties directed to all levels of the legislative, executive, and judicial branches as well as regional and local governments 19 in a manner consistent with international conventions.20 Article 22 establishes the right to stand for election and the right to vote, Article 32(3) establishes freedom of expression and Article 23 establishes freedom of association, assembly, movement, and non-discrimination. Paragraph 1, Article 22, states: “Every citizen shall have the right to participate in political, economic, social and cultural affairs in accordance with the laws and the constitution.” Article 36 stipulates the rights of women, stating in paragraph 1: “The rights, freedoms and duties laid down in the constitution are to be enjoyed equally by men and women save for matters which are specifically ordained in Islamic Sharia.” These equal rights include the right of both men and women to participate in elections and voting. The election laws do not contain provisions discriminating against women. 2.2.4. Election system Article 83(2) of the Somaliland constitution enshrines periodic joint elections for the president and vice president: “The joint election of the president and the vice president shall be based on the list system and shall take place a month before the end of the term of office of the outgoing president.” 21 Article 83(4) adds: “The two candidates in the list which obtains the highest number of votes cast in the presidential and vice presidential election shall be recognised as the successful candidates.” 22 The Presidential and Local Council Elections Law (Law No. 20/2001(2017)) stipulates in Article 10(8) and in Article 24 that “the process of the election of president and vice 19 Paragraph 1 of Article 21 of the Somaliland constitution reads: “The legislative, executive and judicial branches of the state and the local government of the regions and the districts of the Republic of Somaliland, of all levels, shall be bound by the provisions of this Part.” 20 Paragraph 2 of Article 21 of the Somaliland constitution reads: “The articles which relate to fundamental rights and freedoms shall be interpreted in a manner consistent with the international conventions on human rights and also with the international laws referred to in this Constitution.” 21 The Constitution of the Republic of Somaliland, ‘Article 83: Election Procedures’, paragraph 2 (http://www.somalilandlaw.com/body_somaliland_constitution.htm) 22 The Constitution of the Republic of Somaliland, ‘Article 83: Election Procedures’, paragraph 4 (http://www.somalilandlaw.com/body_somaliland_constitution.htm)
SAFERWORLD · SONSAF 11 president shall be the system in Article 83 of the Somaliland constitution in paragraph (1, 2, 3 and 4) and shall be a majority system. “Article 4 (1) stipulates the term of office for the president and vice president as five years, and Article 7 (3) establishes voting rights. 2.2.5. Election Law No.20/200123 legislation and The Presidential and Local Council Elections Law (Law No.20/2001) was enacted in boundaries 2001, and established an election system based on proportional representation.24 This law has been amended six times since its enactment, the latest of which was in January 2017 to reflect the introduction of the iris voter registration system and to consolidate all amendments into a single document.25 It was first used for the 2002 local council elections and later in the House of Representatives election in September 2005. Since 2001 there have been no combined presidential and local council elections, and there is no clarity in the law about whether these should take place simultaneously, as the title of the law suggests. Article 10(1) deals with polling stations: “When conducting presidential and vice presidential elections, the country shall be divided into electoral regions and shall be divided into polling stations complying with the regional boundaries 26 of the Republic of Somaliland.” Article 66 27 establishes that the Somaliland Supreme Court is the competent court for disputes airing from presidential elections. According to Article 64(3), these disputes should be raised after the NEC declares the preliminary election results for the president and vice president. The results of the presidential elections held in Somaliland on 13 April 2003 and on 26 June 2010 were taken to the Somaliland Supreme Court. Somaliland Political Parties Law No.14/2000/2011 This law 28 establishes a time limit of ten years on the official recognition of the three political parties stipulated by the constitution, after which political parties must receive a new mandate by receiving the highest numbers of votes in local council elections. This is meant to prevent monopolies in the multiparty system. Somaliland Citizenship Law No. 22/2002 This law regulates participation in elections, based on the principles of Article 4 of the Somaliland constitution. The law establishes conditions for the possession and loss of Somaliland citizenship. Somaliland Voter Registration Law No.37/2007/2014 This law establishes the regulation and administration of the voter registration process. The law was used to regulate the recent voter registration process using iris-recognition technology. 23 Somalilandlaw.com, ‘Somaliland Electoral Laws’, (http://www.somalilandlaw.com/electoral_laws.html) 24 See Somalilandlaw.com (2017), ‘Presidential and local councils elections (amendments & consolidation) law – Law No. 20/2001 [2017]’ (http://www.somalilandlaw.com/Pres___LC_2016__Consolidation__Law_2001-17_Eng_300617Fi.pdf) and its six amendments during: 2009, 2010, 2012 and 2017, consolidated text disseminated through the official public gazette published on 4 February 2017. 25 See: Somalilandlaw.com (2017), ‘Presidential and local councils elections (amendments & consolidation) law – Law No. 20/2001 [2017]’ (http://www.somalilandlaw.com/Pres___LC_2016__Consolidation__Law_2001-17_Eng_300617Fi.pdf) 26 See in Article 7(1) of Somalilandlaw.com, ‘Somaliland Administration of Regions and Districts Law No. 23/2002/2007’, (http://www.somalilandlaw.com/local_government_law.htm) 27 See presidential and local council elections (Law No. 20/2001 as amended up to January 2017), JSL/M/XERM/249- 4518/012017, presidential decree Lr: 0756/012017, dated 28 January 2017. 28 See Somalilandlaw.com, ‘Somaliland Political Parties Law No. 14/2000/2011’ (http://www.somalilandlaw.com/body_xeerka_ xisbiyadda.htm)
12 SOMALILAND DECIDES : DOMESTIC ELECTION OBSERVERS ’ REPORT ON THE 2017 PRESIDENTIAL ELECTIONS Administration of Regions and Districts Law (Law No.23/2002/2007) This law establishes the boundaries of the six regions on the basis of the boundaries of the six districts that existed on the date of Somaliland’s political independence on 26 June 1960.29 The law stipulates that the six regions and 42 districts, in Article 5(1) and Article 5(6) respectively, are the only regions and districts established by law. The existing electoral law clarifies electoral boundaries and the Ministry of Interior is responsible for reinforcing boundaries established by law. 2.2.6. Regulations and During the pre-election period, various codes of conduct applicable to the elections codes of conduct were revised and updated through a consensus approach led by NEC, including: ■ Presidential campaign code of conduct 2017 ■ Domestic election observers code of conduct 2017 ■ Media Code of Conduct for the 2017 presidential election 30 ■ Political Parties Code of Conduct for the 2017 presidential election31 ■ Electoral complaint and disputes resolution procedures.32 Presidential election code of conduct for political parties This code was signed by the three political parties and the NEC on 26 September 2017. It comprises 28 articles and is more extensive and comprehensive than the previous codes.33 Paragraph 6, Article 45 states: ‘Every party representative must comply with the code of conduct for the political parties and with the registration laws in force.’ 34 The code contains a complaints mechanism, detailed in Articles 18 and 19. Table 3: Signatories to the code of conduct for the political parties on August 2017 Name of signatory Position Institution Muse Biihi Abdi Chair KULMIYE Party Eng. Faysal Ali Hussein Chair UCID Party Abdirahman Mohamed Abdilahi Chair WADDANI Party Eng. Abdiqadir Iiman Warsame Chair NEC Source: Somaliland Voters’ Registration Law and Regulations, March 2016, p 126. Voter registration observers code of conduct 35 This code was issued by the NEC as part of its powers under Article 45 of the 2014 Voter Registration Law. Moreover, Voter Registration Implementation Regulations (VRIR) No: 01/2015 established in Article 48, paragraph 1 states: “The observers approved by the Commission shall observe voter registration activities being conducted at the voter registration centres. The observers shall abide by the Code of Conduct 29 When Somaliland proclaimed restoration of its sovereignty in 1991, the boundaries of districts returned to the status quo of before 1 July 1960. 30 See Media Code of Conduct for 2017, presidential election, 16 October 2017, Source: Republic of Somaliland National Electoral Commission (2017), ‘Media Code of Conduct for Presidential Elections in 2017’, 15 October (http://www.somalilandlaw.com/Xeerka_Anshaxa_Saxaafada_ee_Doorashada_MXyada_2017F.pdf) 31 See Parties Code of Conduct, 15 October 2017, Source: Republic of Somaliland National Electoral Commission (2017), ‘Political Parties Code of Conduct, for 2017 Presidential Elections’, 26 September (http://www.somalilandlaw.com/Xeerka_ Habdhaqanka_Xisbiyada_ee_Doorashada_MXyada_ee_2017F.pdf) 32 See Somaliland Presidential election 2017, Source: Republic of Somaliland National Electoral Commission (2017) ‘Electoral Complaint and Disputes Resolution Procedures’ (http://www.somalilandlaw.com/Habraaca_Xalinta_Cabashooyinka_iyo_ Muranada_Doorashada_MXyada_ee_2017F.pdf) 33 Somalilandlaw.com (2017), ‘Political Parties Code of Conduct for 2017 Presidential Elections’, 26 September (http://www.somalilandlaw.com/Xeerka_Habdhaqanka_Xisbiyada_ee_Doorashada_MXyada_ee_2017F.pdf) 34 See Voter Registration Implementation Regulations No: 01/2015 35 See Voter Registration Implementation Regulations No: 01/2015, Ref: GDQ/XK/497/2015, issued 2 January 2016, in ‘Somaliland Voters’ Registration Law and Regulations’, March 2016, p 53. Available at: http://www.somalilandlaw.com/ Code_of_Conduct_for_VR_Observers_2015.pdf
SAFERWORLD · SONSAF 13 (for observers).” The code provides general restrictions as well as the rights and responsibilities of DEO organisations and their representatives. Media code of conduct for the election period The media is an integral part of elections and is considered a key electoral stakeholder. This code was issued by the NEC under powers given to it by Article 45 of Voter Registration Law No.37/2014, passed on 4 December 2014.36 Article 49, paragraph 3 states that: “The media shall abide by the Voter Registration Media Code of Conduct and shall always carry an identity card indicating their respective media house.” 2.3. SONSAF and SCISEF monitored the performance of existing electoral institutions and Institutional the extent to which they have been established by law and are operating independently and impartially, exercising their powers and performing their functions without fear, framework favour or prejudice. 2.3.1. Somaliland In accordance with Article 12, paragraph 2 of Law No.20/2001–2017, the House of National Electoral Elders selects two NEC members, opposition parties select two members, and the Commission president selects three members. All nominations are approved by a majority vote of the House of Representatives.37 The seven NEC members elect a chairperson and deputy chairperson from among themselves.38 The NEC’s term of office is five years,39 beginning from the date that the House of Representatives approves the appointments. Article 11 of Law No. 20/2001(2017) establishes the institutional framework of the NEC, including the central office of the commission, the regional electoral offices, the district electoral offices and the polling station electoral offices. Article 12(7) confirms that the NEC is an independent statutory body established to organise and administer national elections in accordance with the Somaliland constitution and electoral laws. 2.3.2. The Election The Election Monitoring Board (EMB), made up of seven members, is selected and Monitoring Board appointed by the NEC under Article 17(3) of Regulation No.1-2015.40 Article 14(2) states: “The purpose of the establishment of the board is to advance the realisation of the holding of a proper registration in the country and for such registration to be undertaken and concluded without disputes and in accordance with the (Registration) Law and the (other) laws of the country.” In addition, the “National Electoral Commission and its disciplinary committee on voter registration have jointly issued instructions on 7 March 2016, which they intended for political parties to refrain from any breach of the voter registration code of conduct dated 7 January 2016.” 41 This followed complaints made against political parties, who were accused of using voter registration as a campaigning tool during their visits to the regions for the purposes of monitoring and participating in the voter registration opening ceremonies. 36 See Somalilandlaw.com, ‘Somaliland Voters’ Registration Law and Regulation’ (http://www.somalilandlaw.com/Somaliland_ Voter_Reg_Law___Regs_2016.pdf) 37 The previous Commission’s term of office lasted from 21 January 2002 to 1 June 2007 and from 2 June 2007 to 23 October 2009, except for the one Commission that resigned. 38 See Article 11(1) provision (a) and (b) of Law No.20/2001. 39 See Article 12(1), paragraph c, of Law No. 20/2001. 40 Somalilandlaw.com, ‘Somaliland Voters’ Registration Law and Regulation’ (http://www.somalilandlaw.com/Somaliland_ Voter_Reg_Law___Regs_2016.pdf) 41 See Saaxil, Sheikh, Bali Gubale, Gabiley, ‘Voter Registration Briefing Paper: 3’, p 2.
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